BloostonLaw Telecom Update Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP [Portions reproduced here with the firm's permission.] www.bloostonlaw.com |
| Vol. 12, No. 28 | x July 15, 2009 |
 Stimulus Application Preparation Requires Immediate Attention
It is apparent from the Notice of Funds Availability (NOFA) that companies interested in applying for BTOP or BIP stimulus funds must move quickly to develop the information that will make up the application that is due on August 14, 2009, and the related “due diligence” information that will have to be submitted shortly thereafter. For this reason, clients interested in submitting an application must move quickly to ensure that they obtain the necessary showings over the next month. For example, applicants must:
- Obtain a DUNS number and CCR (CAGE) number to allow processing of their application;
- Determine (based on the cost of the project) whether you must submit an engineer’s certification, network design, etc.;
- Develop a detailed map of the proposed ser-vice area;
- Identify your strategy (whether to apply for BTOP, BIP or both);
- Research the extent and nature of existing services;
- Develop detailed budget and projected financial statements;
- Line up legal opinions and letters of support from public safety entities or others that may impact the scoring of your application.
A number of other steps are necessary. Blooston-Law is working with several clients to develop their applications, using the checklist we have developed to organize and expedite the application preparation process. Clients that would like our assistance with a stimulus application should contact us ASAP. BloostonLaw contacts: Ben Dickens, Gerry Duffy and Mary Sisak. |
The Senate Agriculture Committee has forwarded the nomination of Jonathan Adelstein to be Administrator of the Rural Utilities Service to the full Senate. INSIDE THIS ISSUE - NTIA’s Seifert briefs House panel on stimulus program.
- NTIA seeks volunteers to evaluate BTOP grant proposals.
- Spectrum inventory bills introduced in both House, Senate.
- Missouri launching statewide broadband Internet access.
- VITAL MEETINGS & DEADLINES
NTIA’s Seifert Briefs House Panel On Stimulus Program In testimony before the House Subcommittee on Rural Development last week, Mark Seifert, Senior Advisor to the Assistant Secretary of the National Telecommunications Administration (NTIA), updated the panel on the stimulus grant program to support the deployment of broadband infrastructure and promote the adoption of broadband service. Specifically, he focused on the release of the first Notice of Funds Availability (NoFA) for the Broadband Technology Opportunities Program (BTOP), and the NOFA announcing the availability of funds to implement the State Broadband Data and Development Grant Program to fund state-level broadband data collection, mapping and planning projects and the development and maintenance of a national broadband map (BloostonLaw Telecom Update, July 8). Statutory Provisions and Interagency Coordination The Recovery Act allocates $4.7 billion to BTOP for the general purpose of accelerating the deployment and adoption of broadband services. Of that amount, at least $250 million is to be made available for programs that encourage sustainable adoption of broadband services, and at least $200 million is to be made available for expanding public computer center capacity, including at community colleges and public libraries. The Recovery Act further provides for up to $350 million to implement the State Broadband Data Program and to develop and maintain a broadband inventory map. As set forth in the Recovery Act, Congress designed BTOP to accelerate broadband deployment in unserved and underserved areas and to strategic community institutions that provide important public benefits. The Act also focuses on stimulating demand for broadband services. The Act specifies that the program be designed to stimulate job creation, economic growth, and demand for broadband services. Other purposes of BTOP include: improving access to and the use of broadband services by public safety agencies and providing funds for broadband education, awareness, training, access, and support to a number of institutions including schools, libraries, job-creating strategic facilities, and organizations that provide broadband outreach and assistance to vulnerable populations. The Recovery Act specifies the key elements NTIA must consider in awarding BTOP grants. For example, in the case of broadband infrastructure grants, the Act directs NTIA to consider whether: - an application will increase the affordability of, and subscribership to, services to the greatest population of users in an area;
- the application will enhance service for health care delivery, education, or children to the greatest population of users in an area;
- an application, if approved, will not result in unjust enrichment as a result of support from another Federal program in the area;
- the applicant is a socially or economically disadvantaged small business;
- the application will provide the greatest broadband speed to the greatest population of users in an area.
Consistent with the statute, NTIA also aims to award grant funds to at least one project in each state. As NTIA has worked to implement the American Reinvestment and Recovery Act’s broadband provisions, NTIA has coordinated closely with the other Federal agencies directed to lead these efforts including the Rural Utilities Service (RUS), which was appropriated $2.5 billion by the Recovery Act for broadband loans and grants, and the FCC, which recently published its Rural Broadband Strategy, and is also required to develop a national broadband plan. BTOP Implementation The NOFA, which NTIA and RUS released jointly on July 1, announces the availability of approximately $4 billion in program funding and describes application requirements for the first round of BTOP grants and BIP loans and grants. The collaborative approach that NTIA and RUS have taken in this NOFA will help to ensure that the agencies’ activities are complementary and integrated, taxpayer funds are best utilized, and the application process is easy to understand. BTOP will seek to serve the highest priority needs for federal investment—particularly projects that offer the potential for economic growth and job creation, and provide benefits to education, health care, and public safety. The program will favor viable, sustainable, and scalable projects. NTIA will also favor proposals that satisfy the public-interest objectives specified in the statute and detailed in the NOFA. These projects can serve as models for future private investments once economic conditions improve. In keeping with statutory requirements for NTIA, NTIA expects to distribute grants across geographic areas of the United States, addressing these various public purposes. NTIA will issue grant awards on a technologically neutral basis, and we expect to support projects employing a range of technologies, including fixed and mobile wireless, fiber, and satellite. Up to $1.4 billion in BTOP funds will be available in this first grant round. The application deadline for the first round of grants is August 14, 2009. Consistent with its appropriation, BTOP is divided into three categories of projects. Under the first NOFA, the Broadband Infrastructure category will fund up to $1.2 billion in projects that deliver broadband service to unserved and underserved areas. Applications to fund broadband infrastructure projects in areas that are at least 75 percent rural are required to be submitted to RUS for consideration under BIP. If an applicant intending to serve such rural areas also chooses to have an application considered for BTOP funding, the applicant must complete the additional elements required of BTOP infrastructure applicants. NTIA may determine such applications to be meritorious and make grant awards if RUS reviews the application and determines not to fund it. All other Broadband Infrastructure applications—i.e., those projects with proposed service areas that are less than 75 percent rural—must be submitted to NTIA for consideration under BTOP. A single application portal— www.broadbandusa.gov —will help streamline the process for grant applicants. Within the Broadband Infrastructure category, NTIA and RUS determined that a distinction should be made in funding infrastructure projects, and they have created the broad categories of Last Mile and Middle Mile projects. Applications for Last Mile projects under BTOP must be for unserved or underserved areas and have the predominant purpose of providing broadband service to end users (and end users devices), including households, businesses, community anchor institutions, public safety entities, and critical community facilities. Applications for Middle Mile projects under BTOP also must be for un- served or underserved areas, but these projects should have an express purpose other than providing broadband service to end users and end-user devices and may include such things as interoffice transport, backhaul, Internet connectivity, or special access services. The second BTOP grant category, Public Computer Centers, will fund projects that expand public access to broadband services and enhance broadband capacity at entities that permit the public or specific vulnerable populations, such as low-income, unemployed, aged, children, minorities, and people with disabilities to use these computer centers. In the first round, BTOP will fund up to $50 million for public computer centers. The third BTOP grant category, Sustainable Broadband Adoption, will fund innovative projects that promote broadband demand and affordability, such as projects focused on broadband education, awareness, training, access, equipment and support, particular among vulnerable populations where broadband technology has traditionally been underutilized. In this first round, BTOP will fund up to $150 million in broadband demand projects. BTOP Eligibility The Recovery Act delineates those entities that are eligible to apply for BTOP funding, including the U.S. states and their subdivisions, U.S. territories and possessions, tribes, and non-profit entities. Consistent with the Recovery Act, the Assistant Secretary of Commerce for Communications and Information found it to be in the public interest to permit for-profit corporations and non-profit entities not otherwise encompassed in the Recovery Act that are willing to promote the goals of the Act and comply with the statutory requirements of BTOP to be eligible for a grant. By adopting this approach, the Assistant Secretary enabled a large and diverse applicant pool to participate in BTOP and to expand broadband capabilities in a technologically neutral manner. Other eligibility factors set forth in the NOFA require that all BTOP applicants: submit a complete application and all supporting documents; demonstrate the project can be substantially completed within two years of the grant issuance date and fully completed within three years of the grant issuance date; advance one or more of BTOP’s five statutory purposes; provide matching funds of at least 20 percent toward total eligible project costs (unless a waiver petition is approved); document that the project would not be implemented during the grant period but for a federal grant; and demonstrate that the budget is reasonable. Applicants for Broadband Infrastructure grants are also required to satisfy the following additional eligibility criteria: - The applicant must propose to offer “broadband” service as defined in the NoFA—i.e., two-way data transmission with advertised speeds of at least 768 kbps downstream and at least 200 kbps upstream to end users; or sufficient capacity in a middle-mile project to support “broadband” service to end users.
- The applicant must provide information that enables NTIA to determine that the proposed project is technically feasible, including submitting a system design and project timeline certified by a professional engineer for any project requesting funds over $1 million.
- The applicant must demonstrate the ability of the project to be sustained beyond the funding period.
- The applicant must commit to the program’s Nondiscrimination and Interconnection Obligations—
- 1) adherence to the FCC’s Internet Policy Statement;
- 2) not favor some lawful Internet applications and content over others;
- 3) describe and display any network management policies;
- 4) connect to the public Internet and not be an entirely private closed network; and
- 5) offer interconnection where technically feasible, including the ability to connect to the public Internet and physical interconnection for the exchange of traffic.
- Applicants for Last Mile infrastructure projects must provide service to the entire territory of each census block included in the funded service area unless the applicant can provide a reasoned explanation as to why providing coverage for an entire census block is infeasible.
BTOP Application Process The NOFA sets forth a two-step application review process. The goal in step one is to create a pool of viable and potentially fundable applications. After an initial screening to determine whether applications meet eligibility factors (such as application completeness) step one will consist of evaluating and scoring each BTOP application against objective criteria and not against other applications. Applications will be evaluated by at least three expert reviewers against objective criteria within four general categories: 1) project purpose,
2) project benefits,
3) project viability, and
4) project budget and sustainability. Scores will be averaged and the applications that are considered to be the most highly qualified will advance for further consideration.
The goal of step two, which NTIA considers to be the “due diligence” phase, is to fully validate the applications that advance from step one and identify the most highly qualified applications for funding. In step two, NTIA will request that applicants submit additional information as necessary to substantiate representations made in their application. The nature and scope of additional information requested will depend on the BTOP funding category in which the application was made. NTIA will review and analyze supplemental information and assign a rating, based on a five-point scale, reflecting the consistency of the application with supporting documents. Not all applications that are selected for step two will necessarily receive a grant. Grant recipients will be notified if their application has been selected for a BTOP grant. NTIA and RUS intend to announce awards beginning on or about November 7, 2009. To assist potential applicants with their applications for both BTOP and BIP, NTIA and RUS are jointly conducting ten workshops this month throughout the country. The workshops include an overview of both BTOP and BIP and a review of the application process for funding. The locations of the workshops are representative of rural and urban needs, as well as a diversity of regions, populations, topographies and city/metropolitan-area sizes. Two workshops were held earlier this week here in Washington DC and in Boston. Tomorrow, a workshop is scheduled in Charleston, West Virginia. In the coming weeks, workshops will be held in: Birmingham, Alabama (July 14); Memphis, Tennessee (July 15); Lonoke, Arkansas (July 16); Billings, Montana (July 17); Minneapolis, Minnesota (July 21); Albuquerque, New Mexico (July 23); and Los Angeles, California (July 24). For those unable to attend any of the workshops, NTIA will also have a webinar version of the workshops available on our website. NTIA will also post application guidance and frequently-asked-questions on issues of general applicability to assist applicants complete a successful application. For the second and third rounds of funding for BTOP and BIP, NTIA and RUS anticipate that additional workshops will be held to aid applicants. Participation of the States in BTOP States will play an important role in BTOP. First, the NOFA invited each State to review and prioritize applications for projects in or affecting the state. Second, through a separate NOFA released on July 1, 2009, creating the State Broadband Data Program, NTIA is encouraging all states to collect broadband data for use in the national map mandated by the Recovery Act. The State Broadband Data Program is a competitive, merit- based matching grant program to fund projects that collect comprehensive and accurate state broadband mapping data, develop state broadband maps, and provide for broadband planning. With data collected at the state level, NTIA will develop and maintain a national broadband map, a key priority of this program. As such, NTIA intends to fund high-quality projects that are designed to gather data at the address level on broadband availability, technology, speed, infrastructure, and average revenue per user across the project area. The Recovery Act authorizes NTIA to expend up to $350 million to support state mapping and planning efforts and for the development and maintenance of a broadband inventory map. NTIA expects to make approximately $240 million available for this activity, with grant awards that range between $1.9 million and $3.8 million per state for the mapping portion of each project, and up to $500,000 for the planning portion of each project. The amount of grant awards will depend on the specifics of each project and the quality of each project as determined in NTIA’s review, as well as demographic and geographic features unique to each state. Amendment to Halt RUS broadband loan program defeated Lobbying efforts by the Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO) have helped defeat an amendment that would have halted administration of the Rural Utility Service (RUS) broadband loan program. The amendment, introduced by Rep. Jack Kingston (R-Ga.), would have prohibited funds from being used to administer or pay the salary of personnel who administer any broad- band loans or loan guarantees on or before September 15, 2010. The bill, HR 2997, is an appropriations bill for the RUS program that passed the House last week. NTIA Seeks Volunteers To Evaluate BTOP Grants The National Telecommunications and Information Ad- ministration (NTIA) is soliciting volunteers to serve as panelists to evaluate grant proposals for the $4.7 billion Broadband Technology Opportunities Program (BTOP), an important part of the American Recovery and Reinvestment Act of 2009. NTIA is accepting applications for its first round of BTOP grants from July 14, 2009, until August 14, 2009, and will conduct panel reviews through at least the end of September 2009. Reviewer evaluations will be an important factor considered by NTIA in determining whether to award grant funding. To be considered as a reviewer, an applicant must have significant expertise and experience in at least one of the following areas: 1) the design, funding, construction, and operation of broadband networks or public computer centers; 2) broadband-related outreach, training, or education; and 3) innovative programs to increase the demand for broadband services. In addition, an applicant must agree to comply with Department of Commerce policies on conflict of interest and confidentiality. NTIA says it is committed to ensuring that reviewers come from diverse backgrounds and areas of the United States. It asks that people “feel free” to circulate this “Call for Reviewers” to other individuals or organizations that may be sources of qualified reviewers. It is, of course, somewhat disconcerting that the BTOP applications will not be reviewed by a professional staff, and that many reviewers apparently will be entirely new to the grant review process. If you have questions, please send them by e-mail to: BTOPReviewers@ntia.doc.gov. For additional information, please see http://www.broadbandusa.gov/ BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. SPECTRUM INVENTORY BILLS INTRODUCED IN BOTH HOUSE, SENATE: H.R. 3125, a bill to require an inventory of radio spectrum bands managed by the National Telecommunications and Information Administration (NTIA) and the FCC has been introduced in the House. The bill is sponsored by House Energy and Committee Commerce Committee Chairman Henry Waxman (D-Calif.), ranking Republican Joe Barton (R- Texas), Telecommunication subcommittee Chairman Rick Boucher (D-Va.), and the subcommittee's ranking Republican Cliff Stearns (R-Fla.). A companion bill has been introduced in the Senate by Sens. John Kerry (D- Mass.), and Olympia Snowe R-Maine). The Senate Commerce Committee voted unanimously to approve the measure, but it is unclear when it will see a floor vote in the Senate's packed agenda. Additionally, the Senate bill is considered a work in progress and may be modified before a floor vote. Among other things, the House version would create an inventory of each radio spectrum band of frequencies used in the United States Table of Frequency Allocations, from 225 megahertz to 10 gigahertz, that includes (A) the radio services authorized to operate in each band of frequencies; (B) the identity of each Federal or non-Federal user within each such radio service authorized to operate in each band of frequencies; (C) the total amount of spectrum, by band of frequencies, allocated to each Federal or non-Federal user (in percentage terms and in sum) and the geographic areas covered by their respective allocations; (D) the approximate number of transmitters, repeaters, end-user terminals or receivers, or other radio frequency devices authorized to operate, as appropriate to characterize the extent of use of each radio service in each band of frequencies; (E) an approximation of the extent to which each Federal or non-Federal user is using, by geography, each band of frequencies, such as the amount and percentage of time of use, number of end users, or other measures as appropriate to the particular band and radio service; (F) for non-Federal users, any commercial names under which facilities-based service is offered to the public using the spectrum of the non-Federal user, including where the spectrum is being offered via resale and under what commercial names; and (G) and contour maps, the identity of each entity offering unlicensed services, and other data. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell. MISSOURI LAUNCHING STATEWIDE BROADBAND INTERNET ACCESS: Missouri Gov. Jay Nixon has announced the creation of a program that is expected to establish statewide broadband Internet access by 2014. The program, called MoBroadbandNow, will consist of businesses and organizations that will partner with the state to compete for funding from the American Recovery and Reinvestment Act. Interested businesses had to submit an application by 2 p.m. on July 13 at the Office of Administration in Jefferson City, according to The Missourian. The program aims to create a "fiber-optic broadband backbone" that would reach even the most rural areas in Missouri. Nixon spokesman Scott Holste said the state will be looking to partner with companies that have experience in fiber optics and broadband expansion to implement the program. The Missourian re- ported that Holste said the program is somewhat modeled on what Iowa has done to provide Internet access to the state, and the governor's office spoke with former Iowa governor and current U.S. Secretary of Agriculture Tom Vilsack on how to best implement the broadband network in Missouri. The program is also expected to have an economic impact by creating jobs in technological fields that will carry out the construction and operation of the fiber-optic network. JULY 20: FCC FORM 497, LOW INCOME QUARTERLY REPORT. This form, the Lifeline and Link-Up Worksheet, must be submitted to the Universal Service Administrative Company (USAC) by all eligible telecommunications carriers (ETCs) that request reimbursement for participating in the low-income program. The form must be submitted by the third Monday after the end of each quarter. It is available at: www.universalservice.org. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2007. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2008); December 30 (for lines served as of June 30, 2008), and March 31, 2009, for lines served as of September 30, 2008).. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: FCC FORM 525, COMPETITIVE CARRIER LINE COUNT QUARTERLY REPORT. Competitive eligible telecommunications carriers (CETCs) are eligible to receive high cost support if they serve lines in an incumbent carrier’s service area, and that incumbent carrier receives high cost support. CETCs are eligible to receive the same per-line support amount received by the incumbent carrier in whose study area the CETC serves lines. Unlike the incumbent carriers, CETCs will use FCC Form 525 to submit their line count data to the Universal Service Administrative Company (USAC). This quarterly report must be filed by the last business day of March (for lines served as of September 30 of the previous year); the last business day of July (for lines served as of December 31 of the previous year); the last business day of September (for lines served as of March 31 of the current year); and the last business day of December (for lines served as of June 30 of the current year). CETCs must file the number of working loops served in the service area of an incumbent carrier, disaggregated by the incumbent carrier’s cost zones, if applicable, for High Cost Loop (HCL), Local Switching Support (LSS), Long Term Support (LTS), and Interstate Common Line Support (ICLS). ICLS will also require the loops to be reported by customer class as further described below. For Interstate Access Support (IAS), CETCs must file the number of working loops served in the service area of an incumbent carrier by Unbundled Network Element (UNE) zone and customer class. Working loops provided by CETCs in ser- vice areas of non-rural incumbents receiving High Cost Model (HCM) support must be filed by wire center or other methodology as determined by the state regulatory authority. CETCs may choose to complete FCC Form 525 and submit it to USAC, or designate an agent to file the form on its behalf. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: REPORT OF EXTENSION OF CREDIT TO FEDERAL CANDIDATES. This report (in letter format) must be filed by January 30 and July 31 of each year, but ONLY if the carrier extended unsecured credit to a candidate for a Federal elected office during the reporting period. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino. AUGUST 1: FTC BEGINS ENFORCEMENT OF RED FLAG RULES. The Federal Trade Commission (FTC) has delayed enforcement of the “Red Flag” Rules for 90 days until August 1, 2009, to give creditors and financial institutions additional time to implement identity theft programs. Under the new rules, all businesses that maintain a creditor-debtor relationship with customers, including virtually all telecommunications carriers (but other companies as well), must adopt written procedures designed to detect the relevant warning signs of identity theft, and implement an appropriate response. The Red Flag compliance program was in place as of November 1, 2008. But the FTC will not enforce the rules until August 1, 2009, meaning only that a business will not be subject to enforcement action by the FTC if it delays implementing the program until August 1. The FTC announcement does not affect other federal agencies’ enforcement of the original Nov. 1, 2008, compliance deadline for institutions subject to their oversight. Other liabilities may be incurred if a violation occurs in the meantime. The requirements are not just binding on telcos and wireless carriers that are serving the public on a common carrier basis. They also apply to any “creditor” (which includes entities that defer payment for goods or services) that has “covered accounts” (ac- counts used mostly for personal, family or household purposes). This also may affect private user clients, as well as many telecom carriers’ non-regulated affiliates and subsidiaries. BloostonLaw has prepared a Red Flag Compliance Manual to help your company achieve compliance with the Red Flag Rules. Please contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554) with any questions or to request the manual. JULY 31: SECTION 43.61(a) INTERNATIONAL TELECOMMUNICATIONS TRAFFIC REPORTS. All common carriers that provided international facilities-based and facilities-resale switched and private line services, or pure switched resale services, during calendar year 2007, are required to file the report regardless of the amount of traffic they provided. Facilities-based services are provided using international transmission facilities owned in whole or in part by the carrier providing the service. Facilities-resale services are provided by a carrier utilizing international circuits leased from other reporting international carriers. International facilities-based and facilities-resale switched message telephone and private line services data must be filed on a country-by-country, region and world total basis. International switched telegraph, telex and other miscellaneous services data may be filed on a region and world total basis only. Carriers that provided international pure switched resale services for the calendar year may file world totals only. Blooston- Law contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: CARRIER IDENTIFICATION CODE (CIC) REPORTS DUE. Carrier Identification Code (CIC) Reports must be filed by July 31 of each year. These reports are required of all carriers who have been assigned a CIC code by NANPA. Failure to file could result in an effort by NANPA to reclaim it, although according to the Guidelines this process is initiated with a letter from NANPA regarding the apparent non-use of the CIC code. The assignee can then respond with an explanation. (Guidelines Section 6.2). The CIC Reporting Requirement is included in the CIC Assignment Guidelines, produced by ATIS. According to section 1.4 of that document: At the direction of the NANPA, the access providers and the entities who are assigned CICs will be requested to provide access and usage information to the NANPA, on a semi-annual basis to ensure effective management of the CIC resource. (Holders of codes may respond to the request at their own election). Access provider and entity reports shall be submitted to NANPA no later than January 31 for the period ending December 31, and no later than July 31 for the period ending June 30. It is also referenced in the NANPA Technical Requirements Document, which states at 7.18.6: CIC holders shall provide a usage report to the NANPA per the industry CIC guidelines … The NAS shall be capable of accepting CIC usage reports per guideline requirements on January 31 for the period ending December 31 and no later than July 31 for the period ending June 30. These reports may also be mailed and accepted by the NANPA in paper form. Finally, according to the NANPA website: If no local exchange carrier reports access or usage for a given CIC, NANPA is obliged to reclaim it. The semi-annual utilization and access reporting mechanism is described at length in the guidelines. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. AUGUST 3: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. (Normally this form is due on August 1, but because August 1 falls on a Saturday this year, the next business day is Monday, August 3.) This filing requirement applies to wireline and wireless carriers (including CMRS, paging, and other commercial service providers), as well as resellers. It also applies to certain Private Mobile Radio Service (PMRS) licensees, such as for-profit paging and messaging, dispatch and two-way mobile radio services. The FCC has modified this form in light of its recent decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual form (Form 499-A) that was due April 1. For-profit private radio service providers that are “de minimis” (those that contribute less than $10,000 per year to the USF) do not have to file the 499-A or 499-Q. However, they must fill out the form and retain the relevant calculations as well as documentation of their contribution base revenues for three years. De minimis telecom carriers must actually file the Form 499-A, but not the 499-Q. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. AUGUST 3: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT: Any wireline or wireless carrier (including CMRS and paging companies) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by August 3. (Normally, this filing would be due August 1, but this year August 1 falls on a Saturday, and agency rules require the filing be submitted the first business day thereafter.) Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not (for the reporting period in which the port occurs). Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. New this year is that reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the pre- ceding six-month reporting period ending June 30. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. AUGUST 31: COPYRIGHT STATEMENT OF ACCOUNTS. The Copyright Statement of Accounts form plus royalty payment for the first half of calendar year 2009 is due to be filed September 1 at the Library of Congress’ Copyright Office by cable TV service providers. BloostonLaw contact: Gerry Duffy. SEPTEMBER 1: FCC FORM 477, LOCAL COMPETITION AND BROADBAND REPORTING FORM. In its June 12, 2008 WC Docket No. 07-38 Form 477 Report & Order and Further Notice of Proposed Rulemaking (FNPRM) to improve data collection, the Commission modified Form 477 to require broadband providers to report the number of broadband connections in service in individual Census Tracts. In order to generate an even more complete picture of broadband adoption in the United States, it proposed additional methods to add to the data reported by Form 477 filers, including a voluntary household self-reporting system, and a recommendation to the Census Bureau that the American Community Survey questionnaire be modified to gather information about broadband availability and subscription in households. To further improve the quality of collected data, the FCC adopted three additional changes to FCC Form 477. First, it now requires broadband service providers to report data on broadband service speed in conjunction with subscriber counts according to new categories for download and upload speeds. These new speed tiers will better identify services that support advanced applications. Second, it amended reporting requirements for mobile wireless broadband providers to require them to report the number of subscribers whose data plans allow them to browse the Internet and access the Internet content of their choice. Finally, it required providers of inter- connected Voice over Internet Protocol (VoIP) service to report subscribership information on Form 477. Then, on reconsideration, it added a requirement that filers include the percentage of residential broadband connections. Who Must File Form 477: Three types of entities must file this form. (1) Facilities-based Providers of Broad- band Connections to End User Locations: Entities that are facilities-based providers of broadband connections – which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction – must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial mobile wireless service providers, satellite mo- bile wireless service providers, MMDS/BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.) (2) Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs). (3) Providers of Mobile Telephony Services: Facilities- based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. Obvious examples include cellular, PCS, and “covered” SMR carriers, but may include services provided on other wireless spectrum such as AWS, BRS and 700 MHz if configured to fit the above definition. A mobile telephony service provider is considered “facilities- based” if it serves a subscriber using spectrum for which the entity holds a license, that it manages, or for which it has obtained the right to use via lease or other arrangement (e.g., with a Band Manager). BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.
SEPTEMBER 30: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate- of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2007. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2008); December 30 (for lines served as of June 30, 2008), and March 31, 2009, for lines served as of September 30, 2008).. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. SEPTEMBER 30: FCC FORM 525, COMPETITIVE CARRIER LINE COUNT QUARTERLY REPORT. Competitive eligible telecommunications carriers (CETCs) are eligible to receive high cost support if they serve lines in an incumbent carrier’s service area, and that incumbent carrier receives high cost support. CETCs are eligible to receive the same per-line support amount received by the incumbent carrier in whose study area the CETC serves lines. Unlike the incumbent carriers, CETCs will use FCC Form 525 to submit their line count data to the Universal Service Administrative Company (USAC). This quarterly report must be filed by the last business day of March (for lines served as of September 30 of the previous year); the last business day of July (for lines served as of December 31 of the previous year); the last business day of September (for lines served as of March 31 of the current year); and the last business day of December (for lines served as of June 30 of the current year). CETCs must file the number of working loops served in the service area of an incumbent carrier, disaggregated by the incumbent carrier’s cost zones, if applicable, for High Cost Loop (HCL), Local Switching Support (LSS), Long Term Support (LTS), and Interstate Common Line Support (ICLS). ICLS will also require the loops to be reported by customer class as further described below. For Interstate Access Support (IAS), CETCs must file the number of working loops served in the service area of an incumbent carrier by Unbundled Network Element (UNE) zone and customer class. Working loops provided by CETCs in service areas of non-rural incumbents receiving High Cost Model (HCM) support must be filed by wire center or other methodology as determined by the state regulatory authority. CETCs may choose to complete FCC Form 525 and submit it to USAC, or designate an agent to file the form on its behalf. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. OCTOBER 1: STATE CERTIFICATION OF UNIVERSAL SERVICE SUPPORT. State regulatory commissions must certify by October 1 that eligible rural carriers are using universal service support for the intended purposes. State commissions must file this annual certification with the FCC and the Universal Service Administrative Company (USAC) stating that all federal high-cost support provided to rural incumbent local exchange carriers (ILECs) and competitive eligible telecommunications carriers (CETCs) serving lines in rural ILEC service areas "will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended." Failure of a state commission to provide certification will mean that non-certified carriers in that state will not receive high-cost support for the first quarter of 2008. If you have any doubts about your state's status, contact your state commission immediately. Carriers not subject to state jurisdiction must certify directly to the FCC and USAC. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. OCTOBER 1: LOCAL SWITCHING SUPPORT FORMS. All incumbent eligible telecommunications carriers (ETCs) serving study areas with 50,000 or fewer access lines must file projections for Local Switching Support (LSS) with the Universal Service Administrative Company (USAC) no later than October 1 in order to receive LSS in calendar year 2006. Average schedule companies must submit USAC Form LSSa, and cost companies must submit USAC Form LSSc. Whereas the National Exchange Carrier Association (NECA) normally files these forms for participants in its Traffic Sensitive Pool, carriers maintaining their own interstate access tariffs for traffic sensitive services (or services that are otherwise not included in the pool) must file the forms themselves. Contact the firm if you need assistance with these forms. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. VITAL MEETINGS & DEADLINES July 20 – FCC Form 497, Low Income Quarterly Report, is due. July 20 – Deadline for comments on fixing omission in 4.9 GHz rules (WP Docket No. 07-100). July 20 – Deadline for reply comments on Alexicon request to change Form 499-A filing deadline to Sept. 1 (WC Docket No. 06-122). July 21 – Deadline for reply comments on competitive provision of 911 service presented by consolidated arbitration proceedings (WC Docket Nos. 08-33, 08-185). July 21 – Deadline for reply comments on NOI seeking comment on developing national broadband plan (GN Docket No. 09-51). Extended from July 7. July 29 – Deadline for comments on Supplemental NOI regarding video competition report (2009 data) (MB Docket No. 07- 269). July 31 – FCC Form 507, Universal Service Quarterly Line Count Update, is due. July 31 – FCC Form 525, Competitive Carrier Line Count Quarterly Report, is due. July 31—Report of extension of credit to Federal candidates is due. July 31 – International Telecommunications Traffic Reports are due. July 31 – Carrier Identification Code (CIC) Reports are due. Aug. 1 – FTC enforcement of Red Flag rules takes effect. Aug. 3 – FCC Form 499-Q, Telecommunication Reporting Worksheet, is due. Aug. 3 – FCC Form 502, Number Utilization and Forecast Report, is due. Aug. 3 – Deadline for comments on FNPRM regarding improving one business day porting interval process (WC Docket No. 07-244). Aug. 5 – Auction No. 86 (unassigned BRS Auction) Seminar. Aug. 5 – Auction No. 86 (unassigned BRS Auction) Short-Form Filing Window Opens. Aug. 14 – Deadline for applications for NTIA, RUS broadband stimulus program funding. Aug. 14 – Deadline for applications for NTIA mapping grants. Aug. 18 – Auction No. 86 (unassigned BRS Auction) Short-Form Filing Deadline. Aug. 19 – Deadline for reply comments on fixing omission in 4.9 GHz rules (WP Docket No. 07-100). Aug. 21 – Deadline for comments on NTIA’s NOI regarding implementation of CSEA regarding AWS-1 auction relocation issues (Docket No. 0906231085–91085–01). Aug. 27 – FCC Open Meeting. |
The Model 640 DAPT-XTRA Paging Terminal is a cost effective solution for small to medium-sized systems and private organizations offering a paging service based on bureau-type operator paging and/or direct telephone access. The 640 supports up to 1,500 users with up to 4 telephone lines. It also supports voice paging, voice prompts, talkback paging, and alphanumeric paging. 
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DIRK YOUNG is manager of National Public Safety Markets for Harris Corp.'s RF Communications Division. He joined the company in March 2007 and has more than 20 years of public safety experience, with more than 11 years of experience as a fire chief. In this capacity, he provides support for Harris' sales and marketing efforts. He also serves as the company's consultant liaison and fire industry advisor.
MICHAEL BOYD is the president of Setcom Corp. Along with his business partner, James Roberts, Boyd has actively managed Setcom since acquiring it in 2004. Prior to acquiring Setcom, he worked in financial services for 10 years. He is formerly a v9olunteer firefighter. Founded in 1970, Setcom is a provider of headsets and intercom systems for fire apparatus.
GREG RIDDLE is second vice president of the Association of Public-safety Communications Officials (APCO) International, the oldest and largest public safety communications association. He is also a retired deputy fire chief of the Elk Grove Village, IL, Fire Department and spent 30 years in the fire service, with the last 20 years having responsibility for his department's communications. He has also served as the communications committee chair of the Illinois Fire Chiefs Association and the co-chair of the Mutual Aid Box Alarm System's Telecommunications, Communications & Dispatch Committee.
TIM IRELAN is a product manager, responsible for Tiburon Inc.'s Mobile Solutions and Fire & Rescue Solutions. Irelan has nearly 15 years of experience in the public safety industry and currently is a firefighter for the Riverside County, CA, Fire Department. Tiburon is a provider of automated public safety and security solutions to meet the needs of law enforcement, fire-rescue and corrections agencies. Tiburon offers fully integrated solutions including computer-aided dispatch, records management, mobile data and communications, field reporting and mapping systems.
NORM RUPPEN is chief executive officer of Quala-Tel Enterprises, and is tasked to continuously search and bring to market the latest communication technologies that will enhance firefighter safety and efficiency. Quala-Tel offers a broad range of communication products ranging from intercom/headset solutions for emergency apparatus including wireless communications, in-helmet and hands-free radio interface communication systems, including an “intrinsically safe” line, in-vehicle touch screen mapping software, pre-incident planning software and hybrid response guide software for extrication of accident victims, electronic personnel accountability and two-way signaling system (PASS), and a variety of portable, lightweight telescoping video/audio inspection and surveillance tools.
MARK JASIN is the senior vice president and corporate director for Kenwood U.S.A. Corp. Communications Sector. He has spent the past 28 years of his career in the land mobile industry. The past 10 years have been with Kenwood U.S.A. Corp. in various sales management positions, with the past five years being solely focused on business management.
JAY DORNSEIF has 23 years in the fire service and 12 years as the advisor for the Emergency Preparedness Technology Degree program at Nash Community College in Rocky Mount, NC. He is a member of the National Academy of Emergency Dispatch (NAED) Fire Council of Standards and Fire Board of Curriculum. Dornseif is currently the fire consultant for Priority Dispatch Corp. in Salt Lake City, UT, and is a technical committee member of National Fire Protection Association (NEPA) 1221 and 1061. Priority Dispatch is a research company providing products and training for EMS, fire and law enforcement call-taking centers.
